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NATURE OF THE SETTLEMENT

A class action settlement has been preliminarily approved by the court in Lorean Barrera v. Pharmavite, LLC, No. 2:11-cv-04153-CAS (AGrx) (C.D. Cal.). Your rights may be affected by this proposed settlement. Plaintiff says that the glucosamine and/or chondroitin supplements manufactured by Pharmavite LLC (“Pharmavite”) or its affiliates, including the TripleFlex products and BJ’s products made by Pharmavite (the “Covered Products”), do not provide certain benefits claimed in the labeling. Plaintiff does not claim that these products are unsafe or present a health hazard. Pharmavite denies the claims made in the lawsuit and denies it has done anything wrong.

Pharmavite stands by the products, their labels and packaging, and their safety and efficacy. The court has not decided in favor of either side. Pharmavite has agreed to a settlement to avoid the substantial cost, inconvenience and disruption of litigation. As part of the settlement, Pharmavite has agreed (i) to provide a $1,000,000 monetary fund and $5,900,000 in free product and shipping and handling costs, (ii) not to use certain terms in labeling its Covered Products, and (iii) to pay $325,000 for notice and administration costs (subject to increase depending on the number of valid Claims received), as well as attorneys’ fees of up to $3,475,000, expenses up to $600,000, and plaintiff’s incentive award up to $10,000.

THE SETTLEMENT CLASS

The Settlement Class includes all residents of the United States who purchased for personal use, and not resale or distribution, one of the following “Covered Products” between May 1, 2007 and June 5, 2017 (the “Class Period”): TripleFlex products, including the following (includes all versions, regardless of the number of tablets/bottle):

TripleFlex

TripleFlex 50+

TripleFlex LSG (Liquid Soft Gels)

TripleFlex Mood & Joint

TripleFlex Bone & Joint

TripleFlex Rapid Relief

TripleFlex Rapid Relief B/B

TripleFlex Rapid Relief T/P

TripleFlex with Vitamin D3

TripleFlex Triple Strength

TripleFlex Triple Strength B/B

TripleFlex Triple Strength Twin Pack

TripleFlex Triple Strength LSG (Liquid Soft Gels)

TripleFlex Triple Strength with Vitamin D3

TripleFlex Double Strength (formerly TripleFlex® Maximum Strength)

NatureMade® Glucosamine products, including the following (all versions, regardless of the number of tablets/bottle):

Glucosamine 500 mg Table

Glucosamine 1000 mg Tablet

Glucosamine with Vitamin D [Vitamin D3]

Glucosamine 1500, MSM 1000 with Vitamin D [Vitamin D3]

Glucosamine 500 mg Chondroitin 400 mg

Glucosamine Chondroitin with MSM

Glucosamine HCL + MSM with Vitamin D [Vitamin D3]

Glucosamine MSM

Triple Strength Glucosamine Chondroitin

Berkley and Jensen (BJ’s) private label glucosamine products manufactured by Pharmavite, including the following (all versions, regardless of the number of tablets/bottle):

For more information about the Settlement, please review the Class Notice.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT IF IT RECEIVES FINAL COURT APPROVAL:

SUBMIT A CLAIM FORM
(BY NOVEMBER 13, 2017)

Receive a benefit. Remain in the Settlement – get a cash payment or free Offered Product(s) from it. Give up your right to be part of another lawsuit, arbitration or proceeding against Pharmavite for the same legal claims resolved by this Settlement.

EXCLUDE YOURSELF FROM THE CLASS
(BY NOVEMBER 13, 2017)

Receive no benefit. Get out of the Settlement – keep the right to be part of another lawsuit, arbitration, or proceeding against Pharmavite for the same legal claims resolved by this Settlement.

OBJECT
(BY NOVEMBER 13, 2017)

Remain in the Settlement – write to the Court about why you do not like it. Give up your right to be part of another lawsuit, arbitration, or proceeding against Pharmavite for the same legal claims resolved by this Settlement.

GO TO THE FAIRNESS HEARING
(ON DECEMBER 4, 2017)

Remain in the Settlement – ask to speak to the Court about the fairness of it. Give up your right to be part of another lawsuit, arbitration, or proceeding against Pharmavite for the same legal claims resolved by this Settlement.

DO NOTHING

Remain in the Settlement. Do not get a payment or Offered Product Benefit. Give up your right to be part of another lawsuit, arbitration or proceeding against Pharmavite for the same legal claims resolved by this Settlement.

For more information about the Settlement, please review the Class Notice.